AG v Robertson [2022] JRC 144 (07 July 2022)

AG v Robertson [2022] JRC 144 (07 July 2022)

Although the defendant entered an unequivocal guilty plea, he was unrepresented at the time and sought to withdraw the plea within a very short period. He had raised self-defence in both interviews, and his account was inconsistent with a guilty plea. In these circumstances, the court exercised its discretion to permit withdrawal of the plea.

Citation
[2022] JRC 144
Parties
Defendant: Defendant; Prosecutor: Crown
Jurisdiction
Jersey
Judgment Date
07 July 2022
Procedural Posture
Criminal / Application to Vacate Guilty Plea Prior to Trial
Outcome
Application to vacate guilty plea granted
Legal Topics
Withdrawal of Guilty Plea, Discretion to Vacate Plea, Self Defence, Representation Rights
Criminal Law Withdrawal of Guilty Plea Discretion to Vacate Plea Self Defence Representation Rights

Case Brief

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Parties

Defendant

Defendant

Crown

Prosecutor

Procedural Posture

Criminal / Application to Vacate Guilty Plea Prior to Trial

Legal Issues

  1. 1 Whether the defendant's guilty plea was unequivocal
  2. 2 Whether the court should exercise its discretion to permit withdrawal of the guilty plea

Ratio Decidendi

Although the defendant entered an unequivocal guilty plea, he was unrepresented at the time and sought to withdraw the plea within a very short period. He had raised self-defence in both interviews, and his account was inconsistent with a guilty plea. In these circumstances, the court exercised its discretion to permit withdrawal of the plea.

Court Disposition

Application to vacate guilty plea granted

Orders

  • Defendant permitted to withdraw guilty plea
  • Defendant arraigned on indictment and entered not-guilty plea